| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 098-0191 Public Act 0191 98TH GENERAL ASSEMBLY |
Public Act 098-0191 | HB0576 Enrolled | LRB098 03406 AMC 33421 b |
|
| AN ACT concerning regulation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Public Utilities Act is amended by changing | Section 9-201 as follows:
| (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201)
| Sec. 9-201.
(a) Unless the Commission otherwise orders, and | except as
otherwise provided in this Section, no change shall | be made by any
public utility in any rate or other charge or | classification, or in any
rule, regulation, practice or | contract relating to or affecting any rate
or other charge, | classification or service, or in any privilege or
facility, | except after 45 days' notice to the Commission and to the
| public as herein provided. Such notice shall be given by filing | with
the Commission and keeping open for public inspection new | schedules or
supplements stating plainly the change or changes | to be made in the
schedule or schedules then in force, and the | time when the change or
changes will go into effect, and by | publication in a newspaper of
general circulation or such other | notice to persons affected by such
change as may be prescribed | by rule of the Commission. The Commission,
for good cause | shown, may allow changes without requiring the 45 days'
notice | herein provided for, by an order specifying the changes so to |
| be
made and the time when they shall take effect and the manner | in which
they shall be filed and published.
| When any change is proposed in any rate or other charge, or
| classification, or in any rule, regulation, practice, or | contract
relating to or affecting any rate or other charge, | classification or
service, or in any privilege or facility, | such proposed change shall be
plainly indicated on the new | schedule filed with the Commission, by some
character to be | designated by the Commission, immediately preceding or
| following the item.
| When any public utility providing water or sewer service | proposes any
change in any rate or other charge, or | classification, or in any rule,
regulation, practice, or | contract relating to or affecting any rate or
other charge, | classification or service, or in any privilege or facility,
| such utility shall, in addition to the other notice | requirements of this
Act, provide notice of such change to all | customers potentially affected by
including a notice and | description of such change, and of Commission
procedures for | intervention, in the first bill sent to each such customer
| after the filing of the proposed change.
| For water or sewer utilities with greater than 15,000 total | customers, the following notice requirements are applicable, | in addition to the other notice requirements of this Act: | (1) As a separate bill insert, an initial notice in the | first bill sent to all customers potentially affected by |
| the proposed change after the filing of the proposed change | shall include: | (A) the approximate date when the change or changes | shall go into effect assuming the Commission utilizes | the 11-month process as described in this Section; | (B) a statement indicating that the estimated bill | impact may vary based on multiple factors, including, | but not limited to, meter size, usage volume, and the | fire protection district; | (C) the water or sewer utility's customer service | number or other number as may be appropriate where an | authorized agent of the water or sewer utility can | explain how the proposed increase might impact an | individual customer's bill; | (D) if the proposed change involves a change from a | flat to a volumetric rate, an explanation of volumetric | rate; | (E) a reference to the water or sewer utility's | website where customers can find tips on water | conservation; and | (F) for customers receiving both water and sewer | service from a utility and if the customer has an | option to install a separate meter for irrigation to | mitigate sewer charges, an explanation of the water and | sewer utility's and the customer's responsibilities | for installation of a separate meter if such a change |
| is approved. | (2) A second notice to all customers shall be included | on the first bill after the Commission suspends the tariffs | initiating the rate case. | (3) Final notice of such change shall be sent to all | customers potentially affected by the proposed change by | including information required under this paragraph (3) | with the first bill after the effective date of the rates | approved by the Final Order of the Commission in a rate | case. The notice shall include the following: | (A) the date when the change or changes went into | effect; | (B) the water or sewer utility's customer service | number or other number as may be appropriate where an | authorized agent of the water or sewer utility can | explain how the proposed increase might impact an | individual customer's bill; | (C) an explanation that usage shall now be charged | at a volumetric rate rather than a flat rate, if | applicable; | (D) a reference to the water or sewer utility's | website where the customer can find tips on water | conservation; and | (E) for customers receiving both water and sewer | service from a utility and if the customer has an | option to install a separate meter for irrigation to |
| mitigate sewer charges, an explanation of the water and | sewer utility's and the customer's responsibilities | for installation of a separate meter if such a change | is approved. | (b) Whenever there shall be filed with the Commission any | schedule
stating an individual or joint rate or other charge, | classification,
contract, practice, rule or regulation, the | Commission shall have power,
and it is hereby given authority, | either upon complaint or upon its own
initiative without | complaint, at once, and if it so orders, without
answer or | other formal pleadings by the interested public utility or
| utilities, but upon reasonable notice, to enter upon a hearing
| concerning the propriety of such rate or other charge, | classification,
contract, practice, rule or regulation, and | pending the hearing and
decision thereon, such rate or other | charge, classification, contract,
practice, rule or regulation | shall not go into effect. The period of
suspension of such rate | or other charge, classification, contract,
practice, rule or | regulation shall not extend more than 105 days beyond
the time | when such rate or other charge, classification, contract,
| practice, rule or regulation would otherwise go into effect | unless the
Commission, in its discretion, extends the period of | suspension for a
further period not exceeding 6 months.
| All rates or other charges, classifications, contracts, | practices, rules or
regulations not so suspended shall, on the | expiration of 45 days from
the time of filing the same with the |
| Commission, or of such lesser time
as the Commission may grant, | go into effect and be the established and
effective rates or | other charges, classifications, contracts, practices,
rules | and regulations, subject to the power of the Commission, after | a
hearing had on its own motion or upon complaint, as herein | provided, to
alter or modify the same.
| Within 30 days after such changes have been
authorized by | the Commission, copies of the new or revised schedules
shall be | posted or filed in accordance with the terms of Section 9-103 | of
this Act, in such a manner that all changes shall be plainly | indicated. The Commission shall incorporate into the period of | suspension a review period of 4 business days during which the | Commission may review and determine whether the new or revised | schedules comply with the Commission's decision approving a | change to the public utility's rates. Such review period shall | not extend the suspension period by more than 2 days. Absent | notification to the contrary within the 4 business day period, | the new or revised schedules shall be deemed approved.
| (c) If the Commission enters upon a hearing concerning the | propriety of
any proposed rate or other charge, classification, | contract, practice, rule
or regulation, the Commission shall | establish the rates or other charges,
classifications, | contracts, practices, rules or regulations proposed, in
whole | or in part, or others in lieu thereof, which it shall find to | be just
and reasonable. In such hearing, the burden of proof to | establish the justness
and reasonableness of the proposed rates |
| or other charges, classifications,
contracts, practices, rules | or regulations, in whole and in part, shall be
upon the | utility. The utility, the staff of the Commission, the Attorney | General, or any party to a proceeding initiated under this | Section who has been granted intervenor status and submitted a | post-hearing brief must be given the opportunity to present | oral argument, if requested no later than the date for filing | exceptions, on the propriety of any proposed rate or other | charge, classification, contract, practice, rule, or | regulation. No rate or other charge, classification, contract,
| practice, rule or regulation shall be found just and reasonable | unless it
is consistent with Sections of this Article. | (d) Except where compliance with Section 8-401 of this Act | is of urgent and immediate concern, no representative of a | public utility may discuss with a commissioner, commissioner's | assistant, or hearing examiner in a non-public setting a | planned filing for a general rate increase. If a public utility | makes a filing under this Section, then no substantive | communication by any such person with a commissioner, | commissioner's assistant or hearing examiner concerning the | filing is permitted until a notice of hearing has been issued. | After the notice of hearing has been issued, the only | communications by any such person with a commissioner, | commissioner's assistant, or hearing examiner concerning the | filing permitted are communications permitted under Section | 10-103 of this Act. If any such communication does occur, then |
| within 5 days of the docket being initiated all details | relating to the communication shall be placed on the public | record of the proceeding. The record shall include any | materials, whether written, recorded, filmed, or graphic in | nature, produced or reproduced on any media, used in connection | with the communication. The record shall reflect the names of | all persons who transmitted, received, or were otherwise | involved in the communication, the duration of the | communication, and whether the communication occurred in | person or by other means. In the case of an oral communication, | the record shall also reflect the location or locations of all | persons involved in the communication and, if the communication | occurred by telephone, the telephone numbers for the callers | and recipients of the communication. A commissioner, | commissioner's assistant, or hearing examiner who is involved | in any such communication shall be recused from the affected | proceeding. The Commission, or any commissioner or hearing | examiner presiding over the proceeding shall, in the event of a | violation of this Section, take action necessary to ensure that | such violation does not prejudice any party or adversely affect | the fairness of the proceedings including dismissing the | affected proceeding. Nothing in this subsection (d) is intended | to preclude otherwise allowable updates on issues that may be | indirectly related to a general rate case filing because cost | recovery for the underlying activity may be requested. Such | updates may include, without limitation, issues related to |
| outages and restoration, credit ratings, security issuances, | reliability, Federal Energy Regulatory Commission matters, | Federal Communications Commission matters, regional | reliability organizations, consumer education, or labor | matters, provided that such updates may not include cost | recovery in a planned rate case.
| (Source: P.A. 96-33, eff. 7-10-09.)
|
Effective Date: 1/1/2014
|
|
|